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One of the main concerns that healthcare providers have regarding clinical integration is whether there is an issue with anti-trust law.
With the passage of the HITECH Act in 2010 and the publication of final rules related to the HITECH Act in January of 2013, parts of HIPAA now apply to entities besides health care organizations.
The "exclusive remedy" provision of Michigan's Worker's Disability Compensation Act does not prevent an individual from bringing a federal Racketeer Influenced and Corrupt Act ("RICO") lawsuit.
Michigan's legislature, like 15 other state legislatures, has proposed legislation to create its own insurance exchange.
The federal government, through the Health Information Technology for Economic and Clinical Health Act (“HITECH”) is pushing physicians and other health care professionals towards EHR by offering financial incentives and eventually imposing financial penalties.
This article is a follow-up to an earlier article in April where we discussed various issues facing three likely entities that might take the lead in creating an ACO.
Many are concerned that current fraud and abuse laws would prevent the development of ACOs and their benefits of higher quality medicine and lower costs.
While the Patient Protection and Affordable Care Act may be a year old, one of the provisions that may have the greatest impact on the health care industry has received hardly any attention from the media or lawmakers.
Registration for the electronic health record ("EHR") incentive programs with Medicare and Medicaid in Michigan began on January 3, 2011.
The Red Flags Rule requires "creditors" to address the risk of identity theft by implementing and updating identity theft programs that identify, detect, and respond to potential identity theft problems.
On July 19, 2010, Michigan Senate Bills 026, 027, and 028 were enacted to allow physician assistants to join professional service corporations and professional limited liability companies with physicians or podiatrists who perform the same professional services that the PA performs.
Generally, when a physician terminates a relationship with a patient, he or she must be careful to avoid patient abandonment and discriminatory termination claims.
The new health care reform law, the Patient Protection and Affordable Care Act, makes numerous changes to the tax law, including creating new taxes and credits, increasing other taxes, making insured health benefits taxable to the extent that they are discriminatory, modifying certain deductions, and changing the tax rules that apply to health savings accounts and spending arrangements.
HHS recently issued its first guidance on the topic of drafting a "Risk Analysis."
Early retirees are individuals age 55 and older who are enrolled in a certified employment-based plan, and not eligible for coverage under Medicare.
On December 1, 2009, the Sixth Circuit Court of Appeals upheld a jury's conviction of anesthesiologist Dr. Jorge A. Martinez for mail fraud, wire fraud, health care fraud (including two counts that resulted in the death of patients), and illegally distributing controlled substances.
The following 16 conditions have to be met for the hospital and the physicians to fit within the new Stark gainsharing exception:
On June 19, 2008, the United State Supreme Court held that an ERISA plan administrator that both evaluates benefit claims and pays the benefits has a conflict of interest that affects judicial review of benefits decisions.
On May 28, 2008, the Centers for Medicare & Medicaid Services ("CMS") issued an advisory opinion regarding a proposed arrangement where a hospital system would pay a third-party vendor to develop a physician practice interface customized to each affiliated physician practice’s existing electronic health records software.
On April 14, 2008, the Centers for Medicare and Medicaid Services issued proposed changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 Rates.